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Author : Anonim
Publisher : Unknown
Page : 55 pages
File Size : 47,5 Mb
Release : 1800
Category : Law
ISBN : LLMC:ACS6XFE3QK09
File No. 62
Author : United States. Supreme Court
Publisher : Unknown
Page : 1648 pages
File Size : 53,8 Mb
Release : 1910
Category : Law reports, digests, etc
ISBN : CUB:U183019715816
Author : United States. Supreme Court
Publisher : Unknown
Page : 942 pages
File Size : 54,7 Mb
Release : 1926
Category : Law reports, digests, etc
ISBN : STANFORD:36105117328661
Complete with headnotes, summaries of decisions, statements of cases, points and authorities of counsel, annotations, tables, and parallel references.
Author : United States. Supreme Court
Publisher : Unknown
Page : 938 pages
File Size : 42,9 Mb
Release : 1910
Category : Law reports, digests, etc
ISBN : OSU:32437011920952
"Complete with head lines, head notes, statements of cases, points and authorities of counsel, footnotes, and parallel references." (varies.)
Author : United States. Supreme Court
Publisher : Unknown
Page : 1096 pages
File Size : 51,7 Mb
Release : 1790
Category : Law reports, digests, etc
ISBN : CORNELL:31924106737491
Complete with headnotes, summaries of decisions, statements of cases, points and authorities of counsel, annotations, tables, and parallel references.
Author : United States. Supreme Court
Publisher : Unknown
Page : 950 pages
File Size : 54,9 Mb
Release : 1926
Category : Law reports, digests, etc
ISBN : UOM:49015002890565
First series, books 1-43, includes "Notes on U.S. reports" by Walter Malins Rose.
Author : United States. Supreme Court
Publisher : Unknown
Page : 1076 pages
File Size : 49,7 Mb
Release : 1901
Category : Law reports, digests, etc
ISBN : UOM:39015012843481
First series, books 1-43, includes "Notes on U.S. reports" by Walter Malins Rose.
Author : Frederick Pollock
Publisher : Legare Street Press
Page : 0 pages
File Size : 43,9 Mb
Release : 2022-10-27
Category : Law
ISBN : 1017634033
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author : David P. Currie
Publisher : Unknown
Page : 68 pages
File Size : 48,8 Mb
Release : 1982
Category : Law
ISBN : STANFORD:36105043879159
Author : William N. Eskridge
Publisher : Harvard University Press
Page : 460 pages
File Size : 51,5 Mb
Release : 1994
Category : Law
ISBN : 0674218787
Contrary to traditional theories of statutory interpretation, which ground statutes in the original legislative text or intent, legal scholar William Eskridge argues that statutory interpretation changes in response to new political alignments, new interpreters, and new ideologies. It does so, first of all, because it involves richer authoritative texts than does either common law or constitutional interpretation: statutes are often complex and have a detailed legislative history. Second, Congress can, and often does, rewrite statutes when it disagrees with their interpretations; and agencies and courts attend to current as well as historical congressional preferences when they interpret statutes. Third, since statutory interpretation is as much agency-centered as judgecentered and since agency executives see their creativity as more legitimate than judges see theirs, statutory interpretation in the modern regulatory state is particularly dynamic. Eskridge also considers how different normative theories of jurisprudence--liberal, legal process, and antiliberal--inform debates about statutory interpretation. He explores what theory of statutory interpretation--if any--is required by the rule of law or by democratic theory. Finally, he provides an analytical and jurisprudential history of important debates on statutory interpretation.
Author : Larry Kramer
Publisher : Oxford University Press, USA
Page : 380 pages
File Size : 55,5 Mb
Release : 2004
Category : History
ISBN : 0195306457
This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.
Author : Neal Devins,Keith E. Whittington
Publisher : Constitutional Conflicts
Page : 0 pages
File Size : 54,6 Mb
Release : 2005
Category : Law
ISBN : 082233612X
For more than a decade, the U.S. Supreme Court has turned a skeptical eye toward Congress. Distrustful of Congress's capacity to respect constitutional boundaries, the Court has recently overturned federal legislation at a historically unprecedented rate. This intensified judicial scrutiny highlights the need for increased attention to how Congress approaches constitutional issues. In this important collection, leading scholars in law and political science examine the role of Congress in constitutional interpretation, demonstrating how to better integrate the legislative branch into understandings of constitutional practice. Several contributors offer wide-ranging accounts of the workings of Congress. They look at lawmakers' attitudes toward Congress's role as a constitutional interpreter, the offices within Congress that help lawmakers learn about constitutional issues, Congress's willingness to use its confirmation power to shape constitutional decisions by both the executive and the courts, and the frequency with which congressional committees take constitutional questions into account. Other contributors address congressional deliberation, paying particular attention to whether Congress's constitutional interpretations are sound. Still others examine how Congress and the courts should respond to one another's decisions, suggesting how the courts should evaluate Congress's work and considering how lawmakers respond to Court decisions that strike down federal legislation. While some essayists are inclined to evaluate Congress's constitutional interpretation positively, others argue that it could be improved and suggest institutional and procedural reforms toward that end. Whatever their conclusions, all of the essays underscore the pervasive and crucial role that Congress plays in shaping the meaning of the Constitution. Contributors. David P. Currie, Neal Devins, William N. Eskridge Jr.. John Ferejohn, Louis Fisher, Elizabeth Garrett, Michael J. Gerhardt, Michael J. Klarman, Bruce G. Peabody, J. Mitchell Pickerill, Barbara Sinclair, Mark Tushnet, Adrian Vermeule, Keith E. Whittington, John C. Yoo
Author : Jerry L. Mashaw
Publisher : Yale University Press
Page : 256 pages
File Size : 52,9 Mb
Release : 1999-01-11
Category : Law
ISBN : 0300078706
Public choice theory should be taken seriously--but not too seriously. In this thought-provoking book, Jerry Mashaw stakes out a middle ground between those who champion public choice theory (the application of the conventional methodology of economics to political science matters, also known as rational choice theory) and those who disparage it. He argues that in many cases public choice theory's reach has exceeded its grasp. In others, public choice insights have not been pursued far enough by those who are concerned with the operation and improvement of legal institutions. While Mashaw addresses perennial questions of constitutional law, legislative interpretation, administrative law, and the design of public institutions, he arrives at innovative conclusions. Countering the positions of key public choice theorists, Mashaw finds public choice approaches virtually useless as an aid to the interpretation of statutes, and he finds public choice arguments against delegating political decisions to administrators incoherent. But, using the tools of public choice analysts, he reverses the lawyers' conventional wisdom by arguing that substantive rationality review is not only legitimate but a lesser invasion of legislative prerogatives than much judicial interpretation of statutes. And, criticizing three decades of "law reform," Mashaw contends that pre-enforcement judicial review of agency rules has seriously undermined both governmental capacity and the rule of law.
Author : Lisa Schultz Bressman,Edward L. Rubin,Kevin M. Stack
Publisher : Aspen Publishing
Page : 1325 pages
File Size : 43,6 Mb
Release : 2019-09-13
Category : Law
ISBN : 9781543815979
The Regulatory State, Third Edition is distinguished by a practical focus on how federal administrative agencies make decisions, how political institutions influence decisions, and how courts review those decisions. With coverage tailored to 1L or upper-level courses on the regulatory state or legislation and regulation, Bressman, Rubin, and Stack use primary source materials drawn from agency rules, adjudicatory orders, and guidance documents to show how lawyers engage agencies. Additionally, this book uses an accessible central example (auto safety) throughout to make the materials cohesive and accessible, and presents legislation with attention to modern developments in the legislative process. The Regulatory State, Third Edition also presents statutory interpretation in useful terms, highlighting the “tools” that courts employ as well as the theories that judges and scholars have offered. New to the Third Edition: Expanded discussion of agency methods of statutory implementation and regulatory interpretation Additional primary source materials Up-to-date examination of political and judicial control of agency action New chapter with a case study of the regulatory process using the main example from the book Professors and students will benefit from: Tools-based approach that highlights the methods of analysis that agencies, courts, and lawyers utilize Use of an accessible central example as a familiar entry point into a complex legal area Primary source materials—agency documents, including notice-and-comment rules, adjudicatory orders, agency guidance, and more Empirical data, normative or theoretical questions, and practical examples
Author : Jefferson Powell
Publisher : Unknown
Page : 752 pages
File Size : 48,6 Mb
Release : 1999
Category : Attorneys general's opinions
ISBN : UOM:39015050737165
Since the beginning of the Republic, the President's chief advisor in the interpretation of the Constitution has been the Attorney General. The opinions of the Attorneys General on constitutional topics are official statements of the executive branch's views, and in many circumstances where a constitutional question cannot come before a court, their opinions provide the final answer. This book offers the most important constitutional opinions of the Attorneys General and the Department of Justice from Edmund Randolph (President Washington's first Attorney General) to Janet Reno. Powell's commentary provides biographical and historical context to enhance the reader's appreciation of the opinions, which cover such topics as the separation of powers, the authority of Congress and the President over matters of war and peace, the nature of citizenship, and the executive's responsibilities with respect to statutes that the President believes unconstitutional. The opinions are presented in full text and with original pagination, making The Constitution and the Attorneys General a fully independent research tool. A variety of indices and tables give the reader full access to the executive branch's two-century-long tradition of construing and applying the Constitution. "A superb and invaluable source book for graduate students in political science, historians, and legal scholars." -- CHOICE Magazine